Monthly Archives: June 2010

FORM OF THE MONTH:

VIOLENCE POLICY (PDF) According to numerous polls, violence in the workplace is one of the top risk management concerns. Consider using this policy from OSHA as part of your prevention program. Click here for more information.

GOT AN OPINION?

The DOL has plenty of them, and they can offer great guidance for employers. To learn more, click here. Note: the Bulletins and Field Operations Handbook at the bottom of this link are also very helpful!

ADA – SIDE EFFECTS OF MEDICATION

The Federal Third Circuit Court has held that limitations on life activities caused solely by the side effects of medication do not give rise to a disability claim under the ADA. In Sulima v. Tobyhana Army Depot, the plaintiff claimed that he was forced to accept a voluntary layoff because his employer did not accommodate… Read more »

HARASSMENT FROM THE GET-GO

The Federal Fourth Circuit Court has ruled that a plaintiff could proceed to trial on her claim of sexual harassment and constructive discharge after she had worked with the alleged harasser for only two days. Whitten v. Fred’s, Inc. involved an employee transferred to the Fred’s store in Belton, SC, where she worked as an… Read more »

ALCOHOLISM NO EXCUSE FOR POOR ATTENDANCE

Managers must often deal with an employee who is chronically absent, and claims that a disability is the cause of the absenteeism. The U.S. Court of Appeals for the Second Circuit (covering Connecticut, New York, and Vermont) addressed this issue with regard to an alcoholic employee. The Court held that the employee’s repeated absence from… Read more »

RETALIATION AND MIXED MOTIVES

The Federal Fifth Circuit Court has held that a plaintiff could use a “mixed motive” theory in a retaliation case under Title VII. In Smith v. Xerox, the employee won a jury verdict against the company for her claim that she was fired for filing an EEOC charge. The employee was disciplined for her failure… Read more »

FMLA AND YOUR PERSONAL EXPOSURE AS A MANAGER

The U.S. District Court for the Eastern District of Pennsylvania has green-lighted an employee’s FLMA claims against a company president, human resources manager, director, and the plant manager. In Narodetsky v. Cardone Industries, Inc., the company terminated a 12-year employee shortly after he requested FMLA leave for surgery to repair a leg injury. The day… Read more »

THE IMPORTANCE OF JOB DESCRIPTIONS

A recent case brought against Friendly’s Ice Cream in Maine shows the importance of having detailed job descriptions that include physical requirements. In this case, plaintiff Katherine Richardson alleged that Friendly’s violated the ADA by failing to accommodate her shoulder impingement injury, which required her to undergo surgery. Apparently, she never fully recovered from the… Read more »